What are the Wage Garnishment Laws in Florida?
Wage attachments, more commonly referred to as wage garnishments, are legal orders that require an employer to withhold a certain amount of money from an employee’s paycheck and send it directly to the creditor that obtained the order. There are many laws in Florida that govern wage garnishments and different rules apply to different types of debt. Below, our Orlando wage garnishment attorney explains more.
Lawsuits are Often Necessary for Wage Garnishments
In most cases, creditors must obtain a judgment against you from a court before they can garnish your wages. For example, if you have not paid a medical bill or your credit card payments, the creditor must file a lawsuit against you. You may have to appear in court and if you do not, the creditor will likely obtain a default judgment, automatically allowing them to garnish your wages.
However, some creditors are not required to file a lawsuit against you to obtain a wage garnishment. These include debts such as federal student loans, taxes, alimony, and child support. These creditors have the legal right to take money from your paycheck without first going to court and obtaining an order to do so.
Creditors Can Garnish 25 Percent
Florida follows federal law regarding how much a creditor can garnish from someone’s paycheck. This amount is 25 percent of disposable income or the amount by which a person’s disposable income exceeds 30 times the federal minimum wage, whichever amount is lower. If a borrower’s disposable income is less than 30 times the federal minimum wage, their wages cannot be garnished at all.
Disposable income refers to the wages that are remaining after an employer has made the necessary deductions as outlined by law. These can include Social Security, federal taxes, and unemployment compensation insurance. Additionally, employers can also deduct any expenses related to wage garnishment compliance from the employee’s paycheck.
Employers May or May Not Terminate Employees for Wage Garnishments
For employers, complying with wage garnishment orders can be a nuisance. For these employers, it may be easier to simply terminate the employee so they are not responsible for complying with the wage garnishment. Under federal and state law, you are protected from termination after one wage garnishment order. However, if you incur more in the future, your employer does have the right to terminate your employment. It is important to speak to an attorney who can help after a wage garnishment.
Call Our Wage Garnishment Attorney in Orlando Today
A wage garnishment will not only result in a reduced amount of pay you take home, but unpaid debt can also remain on your credit report for several years. At Florida Law Advisers, P.A., our Orlando wage garnishment attorney can help you avoid these consequences by advising you of exemptions under the law or negotiating a debt settlement agreement with your creditors. Call us now at 1 (800) 990-7763 or fill out our online form to schedule a consultation with one of our experienced attorneys and to learn more about how we can help with your case.
Source:
flsenate.gov/Laws/Statutes/2012/222.11
